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I have recently resigned from a job in where I worked in…

Customer Question
Hi I have recently...

Hi I have recently resigned from a job in where I worked in factory full of carbon monoxide gas as they were running several petrol generators and a diesel fork inside the factory as there has been no power since I worked there and I make chemicals for this company and breath those fumes as well upon leaving they are refusing to pay my wages as result I am asking for advice what I should do ???

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NSW Australia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time casual

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure ?

Submitted: 7 months ago.Category: Australia Law
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Answered in 3 minutes by:
12/14/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,710
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

This appears to be a work safety issue.

Have you suffered any illnesses and were they referred to the employer?

Do you have medical reports that your illnesses are caused by the fumes you were breathing in?

How much money are you owed and how long were you there?

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Customer reply replied 7 months ago
I am owed a weeks worth of wages and was expected more for other carried out and I was sick and dizzy many times informing my supervisor and I went home sick I have a serious kidney disease but not that caused from working at this company for the past 2 months
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

You are going to have to send them a letter of demand for your money, give them 7days to pay.

If they do not pay then you take them to the local court and sue them.

The process is set out in the following link

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

You should also check your superannuation and make sure they have been making payments. If they have not then you have to report them to the ATO

https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/

This is the process.

You have to do this on your own. for the wages you would sue in the Cheif industrial magistrates court which is part of the local court in the city. The costs of hiring a solicitor will be too much. If you are a member of the union they will do this for you.

http://www.localcourt.justice.nsw.gov.au/Pages/about_us/cim_court.aspx

Also consider reporting them to workcover authority as it appears ot be an unhealthy environment and you should get a full medical examination to make sure you have not suffered any other medical conditions because of the environment as this would entitle you to workers compensation

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 6 months ago
this is not the question I asked today
Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

My apologies if I have misunderstood

Are you asking about your unpins wages or what to do about the employer not looking after the health of the employees?

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